Full Judgment
CWP No.24042 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.24042 of 2012 Date of decision:
05. 12.2012 Pardeep Kumar …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rameshwar Singh Malik Present: Ms.Shallie Saini, Advocate for Mr.Sanjeev Kodan, Advocate for the petitioner Jasbir Singh, J.
(Oral) The petitioner is claiming allotment of a plot against the plots reserved for oustees whose land was acquired by the State Government for public purpose.
It is stated by counsel for the petitioner that land of the petitioner was acquired for development of residential, commercial and institutions in Sector 6, Jhajjar.
In case titled as Jarnail Singh v.
State of Punjab AIR 201.Punjab and Haryana 1 in which land was acquired by the State of Punjab and a similar policy envisaging allotment of a plot to all the legal heirs of the deceased/co-sharers came up for consideration before Full Bench of this Court.
The Principle of law laid down in above case was also applied regarding allotment of plots to the oustees in the State of Haryana by passing an order in CWP No.10941 of 2010 titled as Bhagwan Singh and others v.
State of Haryana and others decided on 26.4.2012.
The order reads thus:- “This order shall dispose of CWP No.10941 of 2010 and other CWP No.24042 o”
2. connected petitions, list of which is appended as Annexure-A.
The petitioneRs.as a co-sharer, are claiming right of allotment of separate plot though as per the policies framed by the respondents, one plot is to be allotted to all the co-sharers jointly.
It is contended that in terms of judgment passed by Full Bench of this Court in Jarnail Singh & others versus State of Punjab & others AIR 201.P&H 1.the policy adopted by Haryana Urban Development Authority (for short 'the HUDA') contemplating that the co-sharers shall be given one plot jointly is not sustainable and that each of the co-sharer is entitled for consideration for allotment of plot keeping in view his land holding.
In view of the judgment of Full Bench in Jarnail Singh's case (supra) dealing with the rights of the co-shareRs.each of the cosharer is entitled to a plot of a size keeping in view his land holding.
The rights of the oustees for allotment of a plot has been discussed by this Court in LPA No.2096 of 2011 titled “Haryana Urban Development Authority & others versus Sandeep & others”.
decided on 25.04.2012.
Consequently, the present petition as well as other connected petitions stand disposed of with a direction to the respondents to consider the claim of each of the co-sharer for allotment of a plot keeping in view his holding and in accordance with the principles of law laid down in Sandeep's CWP No.24042 o”
3. case (supra).”
Taking note of the facts and circumstances of the case, we dispose of this writ petition by issuing directions to respondent No.3 to treat it as a representation for allotment of a plot and decide claim of the petitioner within two months from the date of receipt of a certified copy of this order.
If the petitioner is found eligible, the plot be allotted to him forthwith.
When passing an order, ratio of a judgment rendered by a Division Bench of this Court in Jarnail Singh's case (supra) and also 'Bhagwan Singh's case (supra) be kept in mind.
(Jasbir Singh) Judge 05.12.2012 (Rameshwar Singh Malik) gk Judge